Appeal, No. 21, March T., 1955, from order of Court of Common Pleas of Dauphin County, 1954, Commonwealth Docket No. 36, in case of Pennsylvania State Athletic Commission v. Johnny Bratton. Order vacated and record remanded.
Edward Friedman, Deputy Attorney General, with him Elmer T. Bolla, Deputy Attorney General and Frank F. Truscott, Attorney General, for appellant.
John Patrick Walsh, with him Leon Rosenfield, for appellee.
Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside and Ervin, JJ.
[ 177 Pa. Super. Page 600]
This is an appeal from the order of the Court of Common Pleas of Dauphin County sustaining the appeal of Johnny Bratton, a professional boxer, from an adjudication of the Pennsylvania State Athletic Commission in suspending indefinitely his privileges as a professional boxer and forfeiting $3,000 of his purse. The commission's determinations were based on its so-called
[ 177 Pa. Super. Page 601]
findings that Bratton, in a match on February 24, 1954, did not "fight in the manner in which he has shown he could in the past, and was not putting forth his best efforts..."
On appeal by Bratton taken under the provision of the Administrative Agency Law of June 4, 1945, P. L. 1388, as amended, 71 PS § 1710.1 et seq., he excepted to the findings and decision of the commission, and gave as the reasons therefor that the findings were not supported by evidence; that the findings and decision were not made in accordance with the procedures and standards set forth in the Act of April 28, 1933, P. L. 98, as amended, 4 PS §§ 1-23; and that he was not afforded the safeguards provided by the Administrative Agency Law.
The Court of Common Pleas of Dauphin County held that no adequate findings were set forth in the adjudication; that the adjudication was not supported by substantial evidence; and that on the record as certified the commission failed to comply with the mandatory provisions of the Administrative Agency Law or with the requisites of due process as to notice and a proper hearing. The court, on July 6, 1954, entered an order setting aside the orders of the commission suspending Bratton and forfeiting a part of his purse, and directed the $3,000 so forfeited to be returned to Bratton by the proper authorities. On the same day the commission, by the Attorney General of the Commonwealth, presented a petition to the Court of Common Pleas of Dauphin County setting forth that it considered the administrative proceeding against Bratton a matter of public importance, and asking the court to remand the case so that the commission could proceed further in accordance with law. That court on July 14, 1954, refused to modify its previous order or to grant the petition of the commission for remand. The
[ 177 Pa. Super. Page 602]
commission has brought the present appeal in the Superior Court. Counsel for Bratton have ...